Drunk driving on e-scooter – “About You” boss has to pay 80,100 instead of 1,500 euros
Source: LinkedIn
A well-known CEO of a fashion brand was sentenced for drunk driving on an e-scooter. Tarek Müller, boss of “About You”, had appealed against a penalty order of 1,500 euros. But instead of the fine being reduced, he ended up having to pay 80,100 euros. How did this drastic increase in the fine come about and what factors played a role?
The offense – drunk driving on an e-scooter
In January of this year, Müller was charged with the offense of careless drunk driving on an e-scooter. Even though an e-scooter is not a classic motor vehicle, it is still considered as such on the road. Thus, Mueller’s intoxicated driving fulfilled the criminal offense of drunk driving. The penalty order provided for 30 daily fines of 50 euros each, for a total of 1,500 euros.
The appeal strategy
However, Müller did not want to accept this penalty order and lodged an objection. Since the court only has the information provided by the public prosecutor’s office when issuing a penalty order and there is no oral hearing, the amount of a daily sentence is based on the personal and economic circumstances of the offender. In addition to net income, assets may also be taken into account in the assessment. Müller obviously has financial circumstances that exceed the usual level. Among other things, he owns shares and real estate.
The court decision
On July 26, 2022, the district court not only rejected the objection, but also adjusted the daily sentence amount to reflect Müller’s net worth. The court took his assets into account at the main hearing, and raised the daily sentence from 50 euros to 2,670 euros. Thus, the fine increased from 1,500 euros to 80,100 euros. The court emphasized that the daily sentence of 50 euros was clearly too low and thus an increase was justified.
Conclusion
The judgment is not yet legally binding. However, the case shows that drunk driving on an e-scooter can have serious consequences. Assets can also play a role in determining the amount of the penalty. Therefore, one should always act responsibly in road traffic to protect oneself and others.